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ACLU of New Mexico, et al. v. Santillanes - Podcast

Civil Rights Practice Group

July 29, 2009

Hans A. von Spakovsky

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  ACLU of New Mexico, et al. v. Santillanes 7-29-09 - MP3
Running Time: 00:07:13

In 2005, the voters of Albuquerque passed an amendment to the city charter requiring photo identification at polling locations in all municipal elections to prevent voter fraud. The ACLU of New Mexico along with the League of Women Voters of Albuquerque, the Sage Council and the New Mexico Coalition to End Homelessness filed a lawsuit claiming that the statute created an undue burden on the right to vote in violation of the First Amendment and the Equal Protection Clause. The District Court granted summary judgment in favor of the plaintiff’s Equal Protection claim but not the First Amendment Claim.  The Tenth Circuit Court of Appeals reversed the judgment of the District Court and held that, however inconvenient, the voter identification requirement did not create a substantial burden on the right to vote and that the city’s justification for the statute was sufficient based on the Supreme Court’s ruling in Crawford v. Marion County Election Board.  Former FEC Commissioner Hans von Spakovsky discusses the case.

Featuring:

  • Hon. Hans A. von Spakovsky, visiting legal scholar of the Heritage Foundation and former member of the Federal Election Commission

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Related Links

U.S. Court of Appeals for the Tenth Circuit decision in ACLU of New Mexico, et al. v. Santillanes (No. 07-2067), November 17, 2008 (PDF)
Brief of Amicus Curiae, Brennan Center for Justice at NYU School of Law in Support of Plaintiffs/Appellees, U.S. Court of Appeals for the Tenth Circuit (PDF)
Memorandum Opinion and Order, U.S. District Court for the District of New Mexico (No. CIV 05-1136 MCA/WDS), issued February 12, 2007 (PDF)
Final Order, U.S. District Court for the District of New Mexico (No. CIV 05-1136 MCA/WDS), issued March 6, 2007 (PDF)
Brief of Amicus Curaie, American Center for Voting Rights in Support of Defendant’s Summary Judgment Motion, U.S. District Court for the District of New Mexico (PDF)
Crawford v. Marion County Election Board, Syllabus and Opinion (PDF)
Crawford v. Marion County Election Board, SCOTUSCast by Hans von Spakovsky
“Voter ID Was a Success in November” by Hans A. von Spakovsky, Wall Street Journal
“New Analysis Shows Voter Identification Laws Do Not Reduce Turnout” by David B. Muhlhausen, Ph.D. and Keri Weber Sikich, Heritage Foundation Center for Data Analysis Report #07-04


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